: Brooke Yamada, a Minor, by and through her Guardian, Mina Leigh Yamada, and Takahiro Yamada and Mina Leigh Yamada, Individually vs. Northside Hospital, Inc., Northside Pediatrics & Adolescent Medicine, P.C. and Women’s Health Associates, P.C.

This is a medical malpractice action against defendants for their failure to follow up after birth on an abdominal cyst diagnosed in Brooke Yamada on a prenatal ultrasound. As a result of their failure, Brooke underwent a liver transplant at 4 months of age. Mina Yamada, Brooke's mother, underwent serial fetal ultrasounds throughout her pregnancy to monitor the cyst detected in the baby's abdomen. The Yamadas were assured by Defendant obstetrician that an order for an ultrasound on Brooke would be placed in the chart and that the cyst would be followed up on after birth. The Defendant obstetricians never ordered an ultrasound, nor did they tell Defendant pediatricians about the cyst. Mrs. Yamada's perinatal records which were faxed to Defendant hospital contained a notation of the cyst, but this information was not placed in Brooke's newborn chart by the hospital's nurses. Prior to discharge from the hospital, Mrs. Yamada asked the Defendant pediatricians about the result of the tests on the cyst and was told everything was fine. When, in fact, no tests had been performed.
Over the next eight weeks, Brooke was seen repeatedly by Defendant pediatricians for digestive issues including nausea, vomiting, diarrhea and pale-colored stools. In late October, Mrs. Yamada asked Defendant pediatrician if Brooke's problems could be related to the cyst. She also had the prenatal ultrasounds faxed to the pediatrician. Still, no follow-up was done. Frustrated with Defendant pediatricians, the Yamadas changed pediatric groups. In January, Brooke was seen by her new doctor and was immediately sent to Children's Healthcare of Atlanta where she was diagnosed with a choledochal cyst and liver failure. At surgery, Brooke was found to have associated biliary atresia. In February 2004, Brooke underwent a liver transplant. She has experienced one episode of liver rejection and will remain on anti-rejection medications for life.

Injury: Liver transplant at 4 months of age.

Special Damages: $516,670.62 in past medical expenses.

Theories of Liability: Plaintiffs contended Corporate Medicine failed Brooke Yamada and that Defendants' failure to communicate with each other and to monitor and follow up on the cyst was the proximate cause of Brooke's liver transplant. Proper monitoring of her liver would have led to early intervention at a time when her liver was clearly salvageable. Defendants contended that they communicated properly through medical records and even if they had followed up on the cyst and diagnosed it properly, Brooke would still have needed a liver transplant.

Offer and Demand: Plaintiffs offered to settle with all Defendants for $5 million. During the second week of trial, Defendants Northside Hospital and Northside Pediatrics & Adolescent Medicine entered into a confidential settlement with Plaintiffs and were no longer in the courtroom. After settling with the Hospital and the Pediatric group, Plaintiffs demanded $1 million (policy limits) from Women's Health Associates. Women's Health Associates never offered more than $250,000.

Peter F. Whitington, M.D., Chicago, Illinois (liver transplantation); David Cronin, M.D., Ph.D., New Haven, Connecticut (liver transplantation); Deborah Lee, M.D., Atlanta, Georgia (obstetrics); David Glasgow, M.D., Birmingham, Alabama (pediatrics).